Misrepresentation Act 1967

OlliesDad

I have had a look on the Mattressman website and the first review I found was this one http://www.mattressman.co.uk/mattresses/breasley/silver-memory-double-mattress.aspx

This reviewer gave it 2 stars.. so it seems they do allow bad reviews. It maybe that they have not accepted your review as it is an ongoing issue where they believe the problem is with the frame rather than the mattress.. it seems fair to me.

RobGuggle

OlliesDad wrote: »

I have had a look on the Mattressman website and the first review I found was this one http://www.mattressman.co.uk/mattresses/breasley/silver-memory-double-mattress.aspx

This reviewer gave it 2 stars.. so it seems they do allow bad reviews. It maybe that they have not accepted your review as it is an ongoing issue where they believe the problem is with the frame rather than the mattress.. it seems fair to me.

Funnily enough, as the bed frame and bedside tables were house warming gifts from my parents, when they arrive, pre-mattress, i took a photo to show them how it looked in the room and sent it to them. I shows the the bed and the bed slats about 30 mins after installation, the mattress arrived the next day. It shows that the bed frame and slats were set up properly. So their excuse of the bed wasn't set up properly no longer seems credible. Which moves me back to the sale of goods act.

Going to take some advice on this now as i think i have a decent complaint for the small claims court.

RobGuggle

OlliesDad wrote: »

I have had a look on the Mattressman website and the first review I found was this one http://www.mattressman.co.uk/mattresses/breasley/silver-memory-double-mattress.aspx

This reviewer gave it 2 stars.. so it seems they do allow bad reviews. It maybe that they have not accepted your review as it is an ongoing issue where they believe the problem is with the frame rather than the mattress.. it seems fair to me.

Can you find a 1 star review? I can't yet there are plenty on trustpilot, which the company cannot control.

OlliesDad

RobGuggle wrote: »

Funnily enough, as the bed frame and bedside tables were house warming gifts from my parents, when they arrive, pre-mattress, i took a photo to show them how it looked in the room and sent it to them. I shows the the bed and the bed slats about 30 mins after installation, the mattress arrived the next day. It shows that the bed frame and slats were set up properly. So their excuse of the bed wasn't set up properly no longer seems credible. Which moves me back to the sale of goods act.

Going to take some advice on this now as i think i have a decent complaint for the small claims court.

You may have a case using the sales of goods act, however, as the store have already stated, the onus is on you to prove that the mattress has an inherent fault. You will need to provide an independent report (you can get the cost of this report back from Mattressman if it confirms an inherent fault). Armed with this report you can then demand a remedy from Mattressman.

bod1467

Who is providing the 5 year warranty? (Are the seller and Mattressman one and the same?)

Regardless, a warranty can have whatever (reasonable) terms attached to it as the warranty provider sees fit. If this means following SOGA guidelines then so be it - get the report.

Poppie68

There are 102 1 star reviews and 140 2 star reviews on their website so debunking the theory they don't allow negative reviews.

RobGuggle

OlliesDad wrote: »

You may have a case using the sales of goods act, however, as the store have already stated, the onus is on you to prove that the mattress has an inherent fault. You will need to provide an independent report (you can get the cost of this report back from Mattressman if it confirms an inherent fault). Armed with this report you can then demand a remedy from Mattressman.

Which is exactly what i'm going to do. Only issue, i don't want a replacement product from this awful company. I purely want a refund and to go and buy a mattress from John Lewis, who i trust will operate in a proper manner.

jacques_chirac

RobGuggle wrote: »

This is the review.

I bought this product on 17/1/2012 - I had never used a memory foam type mattress before so i had no idea what to expect. Initially is seemed very comfortable. After a few months, my wife and i both noticed slight dips appearing in the areas where we slept. Thinking this was just how a memory foam mattress behaved we thought nothing of it. Every so slightly over the next year the dips got worse and worse - eventually my wife and i ended up being treated by an Osteopath for severely sore backs. When i mentioned to the Osteopath we had dips in our bed he immediately told me that no mattress should dip at all and if it did dip it meant something was wrong and i should contact the company i bought the bed from immediately to have it returned. We rotated the bed as per instructions, the actual bed frame we had was also brand new and expertly set up by the company we bought the frame from. The dips in the mattress are now horrendous, to the point where my wife and i no longer sleep in it due to the damage it has and is causing to our backs. The product comes with a 5 year warranty and mattressman has made it clear that i must pay out of my own pocket for a furniture ombudsman to examine the mattress in accordance with the Sale of Goods Act before they will do anything to help me. They are blaming the set up of the bed for the problem. Correspondence is on going.

It starts off fine, but then you go off at a tangent. See if they will accept a review along the lines of 'Initially seemed very comfortable but after a few months developed permanent dips that have now rendered it unusable. I would not buy this mattress again'.

(If you are looking at a John Lewis mattress have a look at ebay. There are a few business sellers that sell them at considerably lower than JL do. The seller I bought from is called 'magicra', but they don't have anything listed at the mo.)

shaun_from_Africa

RobGuggle wrote: »

Which is exactly what i'm going to do. Only issue, i don't want a replacement product from this awful company. I purely want a refund and to go and buy a mattress from John Lewis, who i trust will operate in a proper manner.

If the retailer in question wants to give you a replacement then there won't be much that you can apart from accepting it and trying to sell it on.
Alternatively, they may offer a refund, but this doesn't have to be the full price that you originally paid.
They are allowed to make a deduction to take into account the 22 months use that you have had from the mattress.

They might decide that the matress is expected to last 5 years (in line with the guarantee period), and as yours lasted about 2 years (40% of the 5 year life), then a 60% refund is appropriate. (This are only my rough figures and the retailers may be totally different)

heart_free

I don't understand why consumers think they have a right to have their bad reviews published on a retailers website. A website is basically a shop window for the retailer. They pay for it, design it, decides what goes on it. It's a marketing tool. If you had bad service in a shop, you wouldn't write a bad review on a piece of paper than get outraged when the shop refuses to put it up in the main window.

However, a sign of a good business is when they publish all reviews both good and bad, and respond to these in a manner that is transparent, fair and addresses the issues raised. By doing this a company can turn a disgruntled consumer into a loyal, repeat customer.

Just because the company refused to publish the review, doesn't stop you publishing elsewhere, such as a consumer forum for example! Most savvy consumers would be more likely to take notice of reviews on an independent site, rather than the companies own site.